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11 Florida opinions name it 2 courts 1973–2023 2 in the last five years
The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Dusold v. Porta-John Corp.green2 sentences2007In Seifert , the Florida Supreme Court adopted the framework for analysis and holding of Dusold v. Porta-John Corp., 167 Ariz. 358 , 807 P.2d 526, 531 (1990): If the contract places the parties in a unique relationship that creates new duties not otherwise imposed by law, then a dispute regarding a breach of a contractually-imposed duty is one that arises from the contract. 2007In Seifert , the Florida Supreme Court adopted the framework for analysis and holding of Dusold v. Porta-John Corp., 167 Ariz. 358 , 807 P.2d 526, 531 (1990): If the contract places the parties in a unique relationship that creates new duties not otherwise imposed by law, then a dispute regarding a breach of a contractually-imposed duty is one that arises from the contract. | 2 | 2 |
Estate of Despain v. Avante Group, Inc.green2 sentences2023“Within the framework of this standard, we will view the record evidence and 6 the proffer in the light most favorable to [complainant] and accept it as true.” Id. 2023Id. at 644 (internal citation omitted). | 1 | 2 |
Byrom v. Gallaghergreen1 sentence1998Byrom, 609 So.2d at 26 (emphasis added). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Special v. Baux
green
2 sentences2014In fact, this point was recognized by the Fourth District, which explained that “the trigger for reversible error is the occurrence of a ‘miscarriage of justice’; how the courts have defined this term has determined the scope of the statute’s application.” Special, 79 So. 3d at 761 . 2014In fact, this point was recognized by the Fourth District, which explained that “the trigger for reversible error is the occurrence of a ‘miscarriage of justice’; how the courts have defined this term has determined the scope of the statute’s application.” Special, 79 So.3d at 761 . | 1 | 2014–2014 |
Matter of Use by Tr. Cts. of Stand. Jury Inst.
green
1 sentence2013Conversely, if this framework for analysis really is “confusing and incorrect,” In the Matter of Use by Trial Courts of Standard Jury Instructions in Criminal Cases, 431 So.2d at 595 (quoting Holland, 348 U.S. at 140 , 75 S.Ct. 127 ), why would we use it in appellate review — especially when the jury is not first told that this is the construct it should use in evaluating the evidence? | 1 | 2013–2013 |
Holland v. United States
green
2 sentences2013Conversely, if this framework for analysis really is “confusing and incorrect,” In the Matter of Use by Trial Courts of Standard Jury Instructions in Criminal Cases, 431 So.2d at 595 (quoting Holland, 348 U.S. at 140 , 75 S.Ct. 127 ), why would we use it in appellate review — especially when the jury is not first told that this is the construct it should use in evaluating the evidence? 2013Conversely, if this framework for analysis really is “confusing and incorrect,” In the Matter of Use by Trial Courts of Standard Jury Instructions in Criminal Cases, 431 So.2d at 595 (quoting Holland, 348 U.S. at 140 , 75 S.Ct. 127 ), why would we use it in appellate review — especially when the jury is not first told that this is the construct it should use in evaluating the evidence? | 1 | 2013–2013 |
Hold v. Manzini
green
1 sentence2009For example, Hold v. Manzini, 736 So.2d 138 (Fla. 3d DCA 1999), addressed whether a legal malpractice claim accrued prior to the execution of a general release by the plaintiffs in favor of the defendant law firm. | 1 | 2009–2009 |
Sobi v. Fairfield Resorts, Inc.
green
1 sentence2005Sobi v. Fairfield Resorts, Inc., 846 So.2d 1204 (Fla. 5th DCA 2003). | 1 | 2005–2005 |
Commitment of Fisher v. State
green
1 sentence2004Additionally, Jenkins and Williams — the other two cases that form the framework for our analysis — were not capital cases. [5] In his brief and at oral argument, Branch repeatedly cited this court to In re Commitment of Fisher v. Texas, 123 S.W.3d 828 (Tex.App.2003), which held that all respondents under the Texas sexually violent predator statute have a due process right to be competent during commitment proceedings. | 1 | 2004–2004 |
TERMINIX INTERN. CO., LP v. Michaels
green
1 sentence2000The Court agreed with the reasoning in Dusold v. Porta-John Corp., 167 Ariz. 358, 361 , 807 P.2d 526, 529 (App.1990), cited by this court in Terminix International Co. v. Michaels, 668 So.2d 1013 (Fla. 4th DCA 1996) (holding that tort claims did not arise out of or relate to the "interpretation, performance, or breach of any provision of this agreement" and, therefore, such claims were not subject to the contract's arbitration provision.) The Supreme Court approved our decision in Terminix and quoted the framework for analysis used by the Arizona Court of Appeals in Dusold . | 1 | 2000–2000 |
Cornell v. Hartley
green
2 sentences1973Marshall v. Reams, 1893, 32 Fla. 499 , 14 So. 95 ; 98 A.L.R.2d 417 — "Right of Mother to Custody of an Illegitimate Child"; 37 A.L.R.2d 882 — "Right of Putative Father to Custody of Illegitimate Child"; 4 Fla.Jur. p. 637; Cornell v. Hartley, 1967, 54 Misc.2d 732 , 283 N.Y.S.2d 318 ; Roe v. Doe, 1968, 58 Misc.2d 757 , 296 N.Y.S.2d 865 ; Commonwealth ex rel. 1973Marshall v. Reams, 1893, 32 Fla. 499 , 14 So. 95 ; 98 A.L.R.2d 417 — "Right of Mother to Custody of an Illegitimate Child"; 37 A.L.R.2d 882 — "Right of Putative Father to Custody of Illegitimate Child"; 4 Fla.Jur. p. 637; Cornell v. Hartley, 1967, 54 Misc.2d 732 , 283 N.Y.S.2d 318 ; Roe v. Doe, 1968, 58 Misc.2d 757 , 296 N.Y.S.2d 865 ; Commonwealth ex rel. | 1 | 1973–1973 |
Roe v. Doe
neutral
2 sentences1973Marshall v. Reams, 1893, 32 Fla. 499 , 14 So. 95 ; 98 A.L.R.2d 417 — "Right of Mother to Custody of an Illegitimate Child"; 37 A.L.R.2d 882 — "Right of Putative Father to Custody of Illegitimate Child"; 4 Fla.Jur. p. 637; Cornell v. Hartley, 1967, 54 Misc.2d 732 , 283 N.Y.S.2d 318 ; Roe v. Doe, 1968, 58 Misc.2d 757 , 296 N.Y.S.2d 865 ; Commonwealth ex rel. 1973Marshall v. Reams, 1893, 32 Fla. 499 , 14 So. 95 ; 98 A.L.R.2d 417 — "Right of Mother to Custody of an Illegitimate Child"; 37 A.L.R.2d 882 — "Right of Putative Father to Custody of Illegitimate Child"; 4 Fla.Jur. p. 637; Cornell v. Hartley, 1967, 54 Misc.2d 732 , 283 N.Y.S.2d 318 ; Roe v. Doe, 1968, 58 Misc.2d 757 , 296 N.Y.S.2d 865 ; Commonwealth ex rel. | 1 | 1973–1973 |
Marshall v. Reams
green
1 sentence1973Marshall v. Reams, 1893, 32 Fla. 499 , 14 So. 95 ; 98 A.L.R.2d 417 — "Right of Mother to Custody of an Illegitimate Child"; 37 A.L.R.2d 882 — "Right of Putative Father to Custody of Illegitimate Child"; 4 Fla.Jur. p. 637; Cornell v. Hartley, 1967, 54 Misc.2d 732 , 283 N.Y.S.2d 318 ; Roe v. Doe, 1968, 58 Misc.2d 757 , 296 N.Y.S.2d 865 ; Commonwealth ex rel. | 1 | 1973–1973 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.